[Question Concerning Required Approvals Under 37 U.S.C. 908]

The Marine Corps requested a decision on whether a retired military officer, who has an employment agreement with a domestic corporation to work for the Royal Saudi Navy, must continue to have his military retired pay suspended because of the constitutional provision prohibiting officers from receiving emoluments from a foreign government without congressional consent. GAO found that: (1) since retired members of the uniformed services retain service member status, their military retired pay may be withheld in an amount equal to the emoluments received from a foreign government without the consent of Congress; (2) the officer was essentially an employee of the Saudi Navy, not the domestic corporation, since the Saudi Navy could control and supervise him as well as terminate his employment; (3) although the officer did not receive his salary directly from the Saudi Arabian Government, the government supplied the funds used to pay his salary, transportation, and other expenses; and (4) the officer declined to seek congressional approval of his employment with the Saudi Navy. Accordingly, the officer's military retired pay must be withheld.